WO?W, You do know that they can do that with ...blood tests now?
Oh wait , its not your job to know ??
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WO?W, You do know that they can do that with ...blood tests now?
Oh wait , its not your job to know ??
They can check hemorrhoids with a blood test, gee what will they think of next???
Seriously guys, calling this rape is demeaning to real rape victims and no better then the lefties screaming racism every time someone does not agree with Obama. For the record, I think they had the right to do the cavity search but if that turned up nothing the very most they should have done after that is the x-ray. If the x-ray showed nothing kick him loose, if it did show something they should have gone back to the judge for another warrant.
I'll be sure to pass your comments along to the Legislature. 21 O.S. 1111.1, Rape by Instrumentation: "Rape by instrumentation is an act within or without the bonds of matrimony in which any inanimate object [the scope] or any part of the human body [the fingers], not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person [emphasis mine]." I'd also add 21 O.S. 1113: "The essential guilt of rape or rape by instrumentation, except with the consent of a male or female over fourteen (14) years of age, consists in the outrage to the person and feelings of the victim. Any sexual penetration, however slight, is sufficient to complete the crime."
I'll grant you that I'm using Oklahoma law, but I suspect New Mexico's is reasonably similar. Feel free to disprove my supposition, but only by use of actual New Mexico statutes, properly cited.
Frankly, though, I don't really care if you do; you sound like Oprah defending Roman Polanski, saying "it wasn't rape-rape." Interesting company you keep.
That's because you're as illiterate as the cops involved. The warrant had a time deadline, and also specified a territorial jurisdiction. The cops involved violated both. And, frankly, even your own words are inconsistent with your position. The X-rays (yes, plural) did show nothing, yet the thugs in uniform continued to search (or ordered the doctors to continue searching, the functional equivalent). You can't even get your own position consistent between posts.
You can call it rape if you want, it just shows your bias against police. As far as Roman Polanski, he raped a child, nothing like we are discussing.
1) Did the cops have the written warrant in hand or were they told about it? Did they know about the time limit? Did they know that after the first doctor turned them down that they were not required by law to find the closest doctor that would? Should they have just bent in over in a cell and probed until his eyes bugged out?
2) If you read my post I never said the police did nothing wrong, I said it was not rape. I have known several rape victims in my time and they, most police, DAs, judges, etc, etc would agree.
3) You can disagree all you want but watch how you phrase it, OK?
I'm talking about Rick comparing his making an appointment to have a check up where he submits to having a doctor stick his finger in his as to an innocent man being detained and driven around the country until the cops could find a doctor that was willing to violate the poor bastard against his will. Entering a person's anal cavity against his will is rape.
Outraged is a fact. If you think that this couldn't happen to you just as easily as it happened to this man you are nuts.
My doctor visit is just as close to this case as your claims of rape and no it is not if done by a doctor under these circumstances and I bet you have a hard time finding any LEO, DA, or most judges to agree with you. I also love your " driven around the country until the cops could find a doctor that was willing to violate the poor bastard against his will." That is classic exaggeration.
Nope.
My doctor visit is just as close to this case as your claims of rape and no it is not if done by a doctor under these circumstances and I bet you have a hard time finding any LEO, DA, or most judges to agree with you. I also love your " driven around the country until the cops could find a doctor that was willing to violate the poor bastard against his will." That is classic exaggeration.
Nope.
Therein lies the problem, those in positions of authority are abusing their authority by violating the rights of citizens. Regardless of whether you have legal permission or not, if you stick anything in the ass of another person against their will, it's rape.
Classic exaggeration, huh? Did the cops not transport the innocent man to multiple medical facilities until they found a doctor willing to violate this man's rights?
The DA is even claiming that he did not approve a warrant for a cavity search. So there you have it, the cops and doctors had no legal right to cavity search this man. No warrant and no willing participant equals rape.
Seems that some doctors have a better grasp on the law and moral values than cops, judges and DAs.
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